 SURVIVAL OF THE WITTIEST |
| Review Date: December 22, 2008 |
| Reviewer: Singin' in the Sun, Florida, USA |
This book has now been UPDATED and the Second Edition has been published in a larger format with a timely new chapter about the tricks and traps that debt collectors attempt to set for people who should be impervious to lawsuits after the Statute of Limitations has expired. Very surprising, entertaining and eye-opening story that many of us can identify with -- being knee-deep in debt and desperate to pull ourselves out of the quicksand.
It begins with a page-turner of an account of the little-known Credit River Decision which took place in the Credit River Township of Minnesota in the mid 1960's. A bank president admitted in court that his bank actually created money out of thin air whenever it made a loan. And, as if that wasn't shocking enough, the Justice of the Peace who presided over this trial was apparently murdered before he could preside over any other such cases, and the winning attorney was disbarred for some trumped-up technical violation.
SOMEBODY didn't want that case to carry any weight. This astounding decision in Minnesota, and its aftermath, sets the stage for the true story of this married couple who stood up to one of the biggest banks in the world and forced them to dismiss their case. I felt like jumping with joy when I finished the last chapter.
It's a great read. The writing is fluid and vivid, and very easy to identify with the main characters. I only stopped to put it down when I got to the technical part -- the step-by-step walk-through of all the pleadings in the lawsuit. I had to pour through all of that later, and study it step-by-step like a championship chess game. This woman could become a top notch attorney. She has the mind for it.
As for which major banking institution that the "Funnibank" pseudonym was a substitute for? That's a No-brainer -- I'm sure it was Citibank, LOL; especially because of the reference to that bank suing any small arbitration company that rules in favor of consumers, and putting them all out of business just by embroiling them in a lawsuit. That was definitely Citibank. I was already aware of all that when I read this book, having been doing research of my own regarding eliminating credit card debts.
I was delighted to find out exactly how this normal, middle-class couple was able to face down a major credit card company in court and WIN.
YES... WIN! The author reveals the entire process, in detail, so that anyone can understand and apply the tactics to their own situation if applicable.
In view of our present situation with banks getting bailed out with TRILLIONS of dollars of taxpayer's money, I think we taxpayers deserve to hold onto as much of our hard-earned money as we possibly can... and LEGALLY.
kudos to Guedel for publishing this in-depth account of such a victory; the first of many, I hope.
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A Rousing War Story -- Hail the Conquering Heroes!!!!!!!!!!!!
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| Review Date: December 27, 2008 |
| Reviewer: BIG BIRD, My secret Southern garden |
As a long standing fan of Heidi Guedel's career as an animator and author of her own entertaining autobiography, I occasionally Google her just to see if she's come up with anything new... and VOILA!!!!! I find THIS little GEM.
According to some recent threads on quatloos! dot com, Heidi has used pseudonyms to thinly veil her own fight against credit card collection, and this book is really about her and her husband.
Although that IS an interesting controversy, ESPECIALLY given the author's feisty history of debate on the Internet forums, the real interest value lies in this book's detailed blow-by-blow description of what it is really like to be sued in District Court (NOT small claims court... a lot of money was at stake here) by a major credit card company, daring to fight back by learning how to represent themselves in court and WINNING.
Not only does she print the entire series of legal docs that make up the case file, but she also recommends and describes the how-to-represent-yourself-in-court website that provided the most valuable tutorials. She also busts the rip-off Debt Elimination company that was originally founded by a self-proclaimed debt elimination guru.
If you need to get out of debt, you need to read this book. FIRST, it will warn you about the sharks that are out there waiting to scam you out of your last few dollars on your over-limit credit cards, and it will THEN show you how two normal, middle-class people from Main Street beat the Wall Street bankers' collection attorney and made him dismiss his case against them.
[...] |
Well worth it
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| Review Date: January 9, 2010 |
| Reviewer: Avrile, Beverly Hills, CA |
I read the first edition of this book and am in complete awe of it's author.
How she managed to do all this is really an amazing story in and of itself.
The other information in the book is important and valuable, and well worth owning.
Had not heard about the follow up info, mentioned in another review. Not surprised, however.
Ms Guedel, law school beckons! |
NEW, UPDATED SECOND EDITION IN 6X9"
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| Review Date: May 19, 2009 |
| Reviewer: BIG BIRD, My secret Southern garden |
I have just read this Second Edition after reading the First Edition(which I reviewed), and it is now a comfortably larger book than the First Edition (6x9" rather than pocket book size) which makes it easier to read... the print is larger too. It costs a couple of dollars more, but it also includes an important new chapter.
This is the same detailed, blow-by-blow account of a real-life couple's SUCCESSFUL defense against a bank's collections attorney without using a lawyer, including every legal pleading that was filed in this case by both Plaintiff and Defendant... but it NOW includes a present-day follow-up concerning surprising continued collection attempts.
The new final chapter details the manipulative and unscrupulous tactics that numerous debt collectors have been attempting to use on these people, even though one of these collectors was already defeated in court... and even after all of the alleged credit card accounts have already expired beyond their State's Statute of Limitations.
The law doesn't seem to matter to these bottom-feeding debt collection sharks. They will continue to prey upon people who don't understand what legal protections they have available. They will try to deceive, manipulate, and offer false reassurances about repairing your credit report and/or absolving you of your debt ... when in actual fact you will most likely face increased income taxes AND lose your legal protection against ongoing lawsuits under your State's Statute of Limitations.
This latest edition provides first-hand information about numerous experiences following the couple's defeat of the first round of debt collectors. This will help readers understand what to expect in the years following a successful defense against collections.
I highly recommend this new Second Edition.
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I was disappointed. It is not a how-to for avoiding bankruptcy!
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| Review Date: November 29, 2009 |
| Reviewer: M. Beierle, Ft. Thomas, KY, USA |
| I bought this book thinking I was going to learn how to avoid bankruptcy. I was sorely disappointed. The book is about how the author avoided it -- which, granted, she says in her youtube video. I incorrectly assumed it may also tell me how to do it. Far from it, in fact. It oddly enough does not go into great detail about how she avoided bankruptcy. Only the general idea is there. And the author seemed to imply that the technique she used to avoid bankruptcy 5 years ago may no longer be a valid approach today. Half of this book is about the author's combat with a creditor suing her. So half the book contains nothing but the legalese it took for her to defeat them. The story was somewhat interesting, and the legalese could be useful for someone defending themselves, like she did -- but it may have to be the same circumstances. But it is not the reason I bought the book. I did not learn how to avoid bankruptcy. So buyer beware. |
Interesting and homorous but little practical help other than look at complex procedures
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| Review Date: April 2, 2010 |
| Reviewer: Dave in Phoenix, Phoenix AZ |
The book was very interesting and good info but has limited value other than procedural for current cases it seems because:
1) Other than the procedural issues, the couple's main point in their motions was the Arbitration Award in 2004 from "ADS" Alternative Debt services against FunniBank (South Dakota). How are we to find such a debtor friendly arbitration company? Little is said about the arbitration other than they got nice official looking Award Certificates in the mail.
There are various reports that FunniBank was Citibank and ADS was the National Arbitration Council.
The US District Court for the Middle District of Florida issued a decision in Citibank v. National Arbitration Council finding that the NAC had tortuously interfered and violated unfair trade practice act.
Florida Federal Court Finds National Arbitration Council is a "Mailbox Arbitration" Sham - A Florida federal court has joined a number of other courts around the U.S. which have ruled that the National Arbitration Council (NAC) operates a rogue arbitration "service" for credit cardholders to try and extinguish debt through an unauthorized arbitration process. Case No.3:04-cv-1076-J-32MCR CitiBank (South Dakota) and Chase vs National Arbitration Council Inc. They seemed to have ceased business in 2006.
2) The author Heidi Guedel has a supposed post on Sui bragging how she has hidden herself from being served from 5 more creditors in quite a scheme where she has no traceable address, utilities in someone else's name etc. If legitimate seems she isn't willing to take up the fight again but instead hide from it.
3) There is a public record from Marion County FL that on 2/4/2008 there was a default judgment entered against a Garofalo Heidi Guedel with a DOB of 1948 by Capital One Bank. Case Number: 42-2006-CC-000311-AXXX-XX
4) The motions etc have good support but of course they are all FL cases. If not in FL have to search for days to find cases to cite in our State. I realize no real solution to this, not the fault of the author since they had to use FL cases in FL. But lots of the legal jargon was not lay friendly (not suppose to be in a brief or motion). It may leave some readers perhaps a bit overwhelmed and may feel more in need of a lawyer to figure out how would argue in another state. And of course without their arbitration award by it seems a mail order award company.
Assuming this is the same person (reportedly also using other names and also now licensed in real estate in FL, one wonders why she now hides and gets default judgments against her if her methods are so useful for others that buy her book.
She has been attacked for the her vapor money defense which while humorous is a bit far out. That was not used in the successful defense by the couple in the book. BUT, the arbitration award defense was primary but of little practical use today without the sham mail order get your award type arbitration being available.
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